An advantage is criminally relevant if it is granted without legal entitlement and serves as consideration for unfair preferential treatment in competition.
Yes. Section 299a of the German Criminal Code (StGB) covers all members of healthcare professions who require state-regulated training for the practice of their profession or the use of their professional title. Pharmacists are included.
Yes. An explicit written agreement is not required. A verbal or even tacit agreement can suffice.
A particularly serious case may exist, especially in cases of commercial activity, substantial benefits, or organized crime. The assessment is always made on a case-by-case basis.
Only natural persons – for example, managing directors or board members – can be held criminally liable, not companies. However, companies can be subject to substantial fines under the Administrative Offenses Act (OwiG).
No. As a suspect, you are generally not obligated to comply with a police summons or to provide any information. Under no circumstances should a statement be made without prior legal advice.
As early as possible – as soon as you become aware of an investigation. Early consultation significantly expands your options.
No. Cooperations are permissible if they are not based on extraneous advantages and comply with professional regulations. However, the distinction is complex in individual cases and should be legally reviewed.
In cases of bribery and corruption in the healthcare sector, the principle is: without intent, there is no criminal liability. Knowledge of the connection between the benefit and the unfair preferential treatment is the central criterion for assessment – and therefore often a key point of attack in the defense.